Q1
A lawyer writes, "The employee shall utilize the facilities provided." According to Fowler's Five Rules, which revision is most appropriate?
A. The employee shall exploit the facilities.
B. The employee shall use the facilities.
C. The employee shall exercise the facilities.
D. The employee shall occupy the facilities.
B. The employee shall use the facilities.
Before preparing a property sale deed, a lawyer first lists the parties, property details, payment terms, and signatures. This step represents:
A. Skeleton Draft
B. Expert Opinion
C. Sketch or Scheme of the Draft
D. Interpretation
C. Sketch or Scheme of the Draft
A contract mentions, "Payment will be made shortly." Which revision best follows good drafting principles?
A. Payment will be made whenever possible.
B. Payment will be made after some time.
C. Payment will be made within seven days of delivery.
D. Payment will be be made eventually.
C. Payment will be made within seven days of delivery.
A company secretary drafts a lease agreement without understanding who is responsible for maintenance charges. Later, disputes arise. Which drafting principle was violated?
A. Divide the document into paragraphs.
B. Draft should be self-explanatory.
C. The draftsman must fully understand the matter first.
D. Use active voice.
C. The draftsman must fully understand the matter first.
Which of the following clauses would be easiest for an ordinary person to understand?
A. The lessee shall indemnify the lessor.
B. The tenant shall compensate the owner for any loss.
C. The lessee shall discharge obligations arising from indemnification.
D. The tenant shall indemnify against contingent liabilities.
B. The tenant shall compensate the owner for any loss.
A lawyer drafts an employment contract using complex Latin phrases that most employees cannot understand. What is the biggest drawback?
A. The contract becomes automatically invalid.
B. The contract fails to be understandable to ordinary people.
C. The contract cannot be signed.
D. The contract must be notarized.
B. The contract fails to be understandable to ordinary people.
A company secretary writes, "The company shall commence utilization of resources immediately." Which revision best follows Fowler's principles?
A. The company shall begin using resources immediately.
B. The company shall initiate utilization.
C. The company shall commence operations.
D. The company shall activate utilization.
A. The company shall begin using resources immediately.
Before drafting a franchise agreement, the lawyer prepares only the payment clause without considering dispute resolution or termination. Which principle has been ignored?
A. Divide into paragraphs
B. Prepare a proper scheme of the document
C. Use schedules
D. Use active voice
B. Prepare a proper scheme of the document
A deed states, "The seller transfers his property." It does not identify which property. Which requirement of a valid deed is missing?
A. Grantor's signature
B. Delivery
C. Proper description of the property
D. Words of conveyance
C. Proper description of the property
A contract contains the sentence:
"The goods may be supplied whenever feasible."
What is the most likely consequence?
A. The clause is precise.
B. Different interpretations may arise.
C. The clause becomes illegal.
D. The contract automatically expires.
B. Different interpretations may arise.
A draftsman includes ten pages explaining the history of a property in a simple sale deed, even though it has no legal relevance. Which principle has been violated?
A. Documents should not say too much.
B. Use legal language.
C. Use schedules.
D. Use technical words.
B. Use legal language.
A company changes the amount payable in a signed agreement without informing the other party. Which legal issue arises?
A. Recital
B. Material alteration
C. Skeleton draft
D. Interpretation
B. Material alteration
Which drafting practice is most likely to reduce future litigation?
A. Using technical jargon wherever possible.
B. Leaving some clauses open to interpretation.
C. Clearly defining rights, duties, and timelines.
D. Using long legal sentences.
C. Clearly defining rights, duties, and timelines.
A contract states, "Goods shall be delivered soon." Emails exchanged between the parties consistently mention delivery within seven days. Which rule of interpretation applies?
A. Clear words prevail.
B. Court may examine surrounding circumstances.
C. Deleted words are ignored.
D. Conduct of parties.
B. Court may examine surrounding circumstances.
A construction contract uses the term "plinth area." Which meaning will the court most likely apply?
A. Dictionary meaning
B. Ordinary public meaning
C. Technical meaning
D. Historical meaning
C. Technical meaning
A contract states:
"The buyer becomes the permanent owner."
Another clause later states:
"The seller may reclaim ownership at any time."
How is this likely to be interpreted?
A. Both clauses are equally valid.
B. The later clause overrides the earlier clause.
C. The conflicting later clause may be rejected.
D. Both clauses become void.
C. The conflicting later clause may be rejected.
An employment agreement contains a clause permanently preventing an employee from working anywhere in India after resignation. What is the likely legal outcome?
A. The entire agreement becomes invalid.
B. The restrictive clause may be separated while the rest of the agreement remains valid.
C. The employee must obey the clause forever.
D. The agreement automatically expires.
B. The restrictive clause may be separated while the rest of the agreement remains valid.
An insurance policy contains a vague printed clause that can be interpreted in two ways. Which interpretation is the court most likely to adopt?
A. In favour of the insurance company.
B. Against the party that prepared the printed form.
C. Against the customer.
D. In favour of whichever party is wealthier.
B. Against the party that prepared the printed form.
After signing a sale deed, one party secretly changes the purchase amount without obtaining the other party's consent. What is the likely legal consequence?
A. The change is valid because the deed is signed.
B. Only the altered clause becomes void.
C. The material alteration may make the deed void.
D. The court will ignore the alteration.
C. The material alteration may make the deed void.
Why should a draftsman avoid statements like "The tenant shall not fail to maintain the premises"?
A. They increase printing costs.
B. Negative statements reduce clarity.
C. They are grammatically incorrect.
D. They are prohibited by law.
B. Negative statements reduce clarity.
Which option best demonstrates logical arrangement of facts in a sale deed?
A. Signatures → Property Details → Parties → Payment
B. Property Details → Introduction → Payment → Parties
C. Parties → Property Description → Consideration → Rights & Obligations → Signatures
D. Payment → Signatures → Introduction → Property Details
C. Parties → Property Description → Consideration → Rights & Obligations → Signatures
A business agreement uses the word "container." In the shipping industry, this has a well-established technical meaning, but one party argues for the ordinary dictionary meaning.
Which interpretation is most appropriate?
A. Dictionary meaning
B. Technical trade meaning
C. Personal understanding
D. Grammatical meaning
B. Technical trade meaning
A contract states, "The contractor shall complete the project in a reasonable time." During the dispute, one party argues that "reasonable time" means 30 days, while the other argues it means 90 days.
Which rule is most likely to help the court decide?
A. Written document is primary evidence
B. Surrounding circumstances
C. Deleted words
D. Material alteration
B. Surrounding circumstances
A company secretary must choose one of the following clauses for an employment contract.
Clause A: "The employee shall perform duties diligently."
Clause B: "The employee shall perform the duties listed in Schedule I during office hours from 9:00 a.m. to 5:00 p.m."
Which clause is legally stronger and why?
A. Clause A because it is shorter.
B. Clause B because it is specific, measurable, and reduces ambiguity.
C. Clause A because courts prefer broad wording.
D. Both clauses are equally effective.
B. Clause B because it is specific, measurable, and reduces ambiguity.
A sale deed contains every essential clause except the grantor's signature.
The buyer has already paid the purchase price.
What is the strongest legal concern?
A. Payment validates the deed.
B. Registration alone is sufficient.
C. The absence of the grantor's signature affects the legal validity of the transfer.
D. Witnesses can replace the signature.
C. The absence of the grantor's signature affects the legal validity of the transfer.